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Unethical Technology Use by Attorneys
In the past century technology has been integrated into the everyday lives of a majority of
the world population. Technology has many features that are now available at the touch of a
finger such as an entertainment system, a communication device, a research tool, and much
more. However, the use of technology by the human race will never be perfect because it is
objective to how people use it, either positively or negatively. An attorney is an important
profession to most people, their jobs are versatile and in huge demand. However, technology has
made some negative impacts on how well they complete their jobs. Attorneys have been using
technology negatively through posts on social media, lack of verifiability in resources used for
research, and mistakes made by lawyers using technology that altered the outcome of clients’
cases.
Social Media’s Cons in the Attorney Profession
Social media is a newer phenomenon, growing in popularity since the turn of this century.
Since, because of its growing popularity and the nature of the human race, social media has been
negatively abused in almost all aspects of society: education, politics, and the working
fields/places of many Americans. It is also abused in the profession of Attorneys. Social media is
portrayed as an amazing technological advance, which it can be. However, when it is abused, it
can be extremely harmful.
An example of how some attorneys have abused social media can be found in the court
case Landry’s Inc. v. Animal Legal Defense Fund. This case involves the Animal Legal Defense
Fund, which is a private law firm founded by lawyers, who decided to sue an aquarium’s owner
because he violated the Endangered Species Act. The Animal Legal Defense Fund, which is full
of lawyers, misused social media because they posted a press release of the letter of intent to sue
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that they sent to Landry’s Inc. This was a violation of Landry’s Inc.’s rights because the intent to
sue should have remained confidential, but instead was posted on social media for the world to
see. Landry’s Inc. v. Animals Legal Defense Fund, 631 S.W.3d 40 (2021).
Another example of an attorney who used social media to conduct an unethical violation
of their profession can be found in the case of Connick v. Myers. This case involves Shelia
Myers, who was an Assistant District Attorney in Louisiana, who was being transferred to
another department. Myers was not pleased with the transfer, so she constructed and distributed a
survey to her co-workers. This was a violation of the non-disclosure agreement she made with
her superiors when she began the job, therefore abusing social media. Connick v. Myers, 461
U.S. 138 (2020). Both of these examples are some of the many ways attorneys misuse social
media in their profession.
Lack of Verifiability in Resources Used by Attorneys
One of the biggest problems with technology as a whole is the amount of inaccurate
information that can be found on the internet and then used in important circumstances. Lawyers
must write legal case briefs that will affect a client’s trial, this case brief involves the conduction
of thorough research, which must be accurate. However, when a lawyer does not double-check
the accuracy of their research sources found on the internet, it can lead to many issues.
One of these issues that can occur from unverified resources is the loss of a trial and the
loss of a lawyer’s credibility. If a case brief contains an unverified case, it will be struck down by
the defense of the opposing counsel. This will not only leave the Lawyer’s credibility shot but
will also result in the loss of a client’s trial. The loss of a trial because of negligence by the
attorney will seriously harm their career (Bentley, 2020).
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Technological Mistakes Made by Attorneys.
An issue that some lawyers may run into is that they cannot use technology correctly,
whether it be they cannot understand it, or they just are careless with it. Regardless of the
reasoning for the misuse of technology resulting in a mistake, it is classified as negligence or
unethical use of technology. If a lawyer cannot properly utilize technology and makes colossal
mistakes in the process, then they should not use technology in their profession. They should not
use technology in their profession because their profession is extremely important, the mistakes
not only affect them but their clients as well, and attempting to utilize something they are not
able to will result in not just a few mistakes, but continuous occurrences.
It is catastrophic for a lawyer to make mistakes when using technology, such as leaving a
confidential file unsecured, and it being hacked into. This mistake affects the integrity of the
lawyer profession as a whole. Lawyers go to school and take many exams to be able to become
an attorney, they should know they should not jeopardize the integrity and accuracy of their
profession by attempting to use technology if they do not know how. Instead, they should;d just
use traditional methods, such as filing cabinets with locks and pen and paper. Utilizing the
traditional methods they are used to will benefit them greatly. The need to “keep up with the
times” is not as important as the integrity of their profession and work (Bentley, 2020).
Conclusion.
In conclusion, there are many ways that a lawyer can misuse or abuse technology in the
law profession. However, these colossal and unethically correct mistakes can be resolved simply.
They can be resolved by using common and logical sense when interacting on social media,
double checking the verifiability of sources found online before citing their information,
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References
Bentley, M. J. (2020, December 21). Ethics: The ethical implications of technology in your law
practice: Understanding the rules of professional conduct can prevent potential problems.
The Ethical Implications of Technology in Your Law Practice.
https://news.mobar.org/ethics-the-ethical-implications-of-technology-in-your-law-practice-
understanding-the-rules-of-professional-conduct-can-prevent-potential-problems/
Connick v. Myers, 461 U.S. 138 (2020).
Landry’s Inc. v. Animals Legal Defense Fund, 631 S.W.3d 40 (2021).
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